Chinese workers and their freedom to associate

Abstract

Freedom of association may sound dully legalistic in China, a single-party authoritarian state that controls industrial relations with the party-led All-China Federation of Trade Unions (ACFTU). However, China has introduced protective workplace laws offering individual rights to workers, showing an attempt to regulate workplace relations with law. In parallel, through selective toleration of labor activism, the Chinese government has given workers limited de facto access to freedom of association, thereby fueling workers’ expectations for genuine collective power.

In this context, the present thesis examines the realization of freedom of association in Chinese workplaces and explores how the state will manage industrial relations with legislative changes. The analysis focuses on key stakeholders of the process: the party-state, in its role of legislator, enforcer, and governor; the ACFTU, which defines the legal approach to collective power; employers, whose compliance with the law influences the implementation of workers’ rights on the ground; and workers, whose growing self-organizing abilities may pave the way for a deeper reform of legal institutions. Upon a review of fundamental theories on which freedom of association is based, the present thesis emphasizes the focus on both trade union-centered freedom of association and the freedom realized through nonunion worker groups. Since the collective labor law in China lacks a coherent structure, the doctrinal analysis deconstructs relevant legislation, regulations, administrative rules, judicial decisions, and labor policies not only in the labor law regime but also in other areas, including civil behaviors and contractual relations. Furthermore, using interviews with labor activists coupled with case studies of worker-initiated organizing and collective bargaining, the thesis provides realistic insight into how rules are actually implemented and enforced. Finally, an in-depth analysis of local governments’ responses to and commentaries of the state-run news agency concerning labor activism shows that since late 2014, criminal sanctions have been constantly imposed on labor activists, reflecting the ruling Communist party’s determination to continue direct management of industrial relations. Accordingly, freedom of association via groups outside the ACFTU remains unrealistic. At the same time, legislative and administrative changes have strengthened workers’ access to formalistic collective representation by the ACFTU. This suggests that the party-state resists any organized labor beyond its control—and, by extension, any genuine institutional reform. Overall, this trend is unlikely to change as long as China can ensure effective representation by the ACFTU and continuously improve the living standards of the working class. However, the former goal requires independence of the ACFTU, which is unacceptable by the party, while the latter goal is hardly attainable in a state currently experiencing a decline in economic growth.